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HB 1391

A BILL for an Act to create and enact a new section to chapter 14-02.4 of the North Dakota Century Code, relating to health status exceptions for health care facilities; to amend and reenact sections 14-02.4-01, 14-02.4-02, 14-02.4-03, 14-02.4-04, 14-02.4-05, 14-02.4-06, 14-02.4-08, and 14-02.4-09, subsection 1 of section 14-02.4-14, subsection 1 of section 14-02.4-15, and sections 14-02.4-16 and 14-02.4-17 of the North Dakota Century Code, relating to creating a new status related to human rights and antidiscrimination policies; and to provide an appropriation.

69th Legislative Assembly (2025-26) Introduced by Karen Anderson and 11 co-sponsors

Adds a protected “health status” in ND antidiscrimination law, defining it as medical records/preferences about refusing procedures, with some health-care facility exceptions.

Second reading, failed to pass, yeas 17 nays 29
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WeVote Research Nonpartisan
Bill Summary · HB 1391

Summary — HB 1391 (North Dakota)

A bill to amend chapter 14‑02.4 of the North Dakota Century Code — human rights / antidiscrimination law

Main purpose and intent

HB 1391 would (1) create and recognize a new protected status called “health status” in North Dakota’s human‑rights/antidiscrimination statute, (2) add that status throughout the chapter’s definitions and policy statements, and (3) enact a separate statutory provision creating health‑status exceptions applicable to health care facilities. The stated intent is to clarify that discrimination on the basis of an individual’s medical records or medical‑preference decisions is generally prohibited while also specifying where health care providers may lawfully consider such information.

Key provisions and changes

  • Adds “health status” to the state policy against discrimination (amending section 14‑02.4‑01).
  • Inserts a definition of “health status” into the chapter (amending section 14‑02.4‑02). The bill defines “health status” to mean an individual’s medical records or preferences relating to the right to refuse a medical procedure, treatment, injection, device, vaccine, or prophylactic.
  • Amends and reenacts multiple sections of chapter 14‑02.4 to reflect the new protected status — specifically sections 14‑02.4‑01 through 14‑02.4‑06, 14‑02.4‑08, 14‑02.4‑09, subsection 1 of 14‑02.4‑14, subsection 1 of 14‑02.4‑15, and sections 14‑02.4‑16 and 14‑02.4‑17.
  • Creates and enacts a new section in chapter 14‑02.4 (text not fully reproduced in available documents) described in the bill title and amendment summaries as establishing “health status exceptions for health care facilities.” The bill therefore both adds protection for “health status” in general antidiscrimination coverage and expressly authorizes certain exceptions for health care entities (details of the exception language were not fully provided in the materials reviewed).
  • The bill’s title also references a provision “to provide an appropriation,” but the appropriation text was not included in the supplied excerpts.

Who would be affected

  • Employers, employment applicants, employees and labor organizations across the state (employment practices).
  • Providers of public accommodations, housing, state and local government services, and credit transactions — entities covered under chapter 14‑02.4.
  • Health care facilities and their decision‑making processes to the extent the new exception authorizes consideration of patients’ or staff members’ “health status” in defined circumstances.
  • The Division of Human Rights (department of labor and human rights) and courts that administer and adjudicate complaints under chapter 14‑02.4.

Procedural / timeline status

  • Introduced (filed) in late 2024 / early 2025 (sponsorship and draft versions prepared February 2025).
  • Multiple drafts and amendment packets were prepared (introduced, first engrossment, proposed amendments).
  • Most recently recorded status: second reading — failed to pass (yeas 17, nays 29). The bill did not advance past second reading in that recorded vote.

Notes / caveats

  • The bill package contains multiple draft versions; some source files are truncated and the full text of the new “health status exceptions for health care facilities” section was not available in the provided materials. Where precise exception mechanics or appropriation amounts are required, consult the full enrolled or engrossed bill text from the Legislative Assembly or the Legislative Council staff for the complete statutory language.

Compiled from official sources — confirm details with the bill’s official record.

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